scholarly journals On the Legal Support for the Activities of Khakims in the Republic of Karakalpakstan and Improvement of Their Functions

2020 ◽  
Vol 6 (9) ◽  
pp. 324-329
Author(s):  
Zh. Ermashev
Keyword(s):  
Local Government ◽  
Early Termination ◽  
Executive Power ◽  
Legal Basis ◽  
Local Authorities ◽  
Control Functions ◽  
The Republic ◽  
The Right

The article discusses the legal basis for organizing the activities of the khakims of cities and regions of the Republic of Karakalpakstan, makes a number of proposals aimed at improving the legislation on local authorities and the practice of their activities. In the legislation on local authorities, it is necessary to provide for norms on the responsibility of khakims and local government bodies, on the early termination of the powers of the khakim, as well as on increasing the influence of deputies of local government bodies. In order to strengthen the control functions of the representative body of power, it is necessary to give it the right to pass a vote of no confidence to the khakim as the head of the executive power.

scholarly journals The Position of Women's Heritage Rights in the Context of Islamic Heritage in Indigenous Mandailing in Sipirok District, Tapanuli Selatan Regency

2020 ◽  
Vol 3 (1) ◽  
pp. 531-539
Author(s):  
Muhammad Yusuf Siregar ◽  
Risdalina Risdalina ◽  
Sriono Sriono
Keyword(s):  
Islamic Law ◽  
Legal Aspects ◽  
Customary Law ◽  
Legal Basis ◽  
Inheritance Law ◽  
The Republic ◽  
The Right ◽  
To Receive ◽  
Inheritance Laws

This study aims to analyze the legal aspects of the Position of Inheritance Rights of Girls in the Context of Islamic Inheritance in Indigenous Mandailing in Sipirok District, South Tapanuli Regency. This research is empirical normative namely research by looking at existing conditions in the field by linking the source of Islamic Law and the legal source of Regulations in force in the Republic of Indonesia. The benefits to be received from the results of this study are to determine the Position of Inheritance of Girls in the Context of Islamic Law and Regulations in Indonesia and the Position of Inheritance of Girls in the Context of Islamic Inheritance in Mandailing Customs in Sipirok District, South Tapanuli Regency, the results of the study stated that In Islamic Inheritance Law strongly recognizes the position of the daughter in receiving inheritance with a strong legal basis in accordance with the al-Qur’an. In Islamic Inheritance Laws, a daughter has a position as Nasabiyah's heir so that she has the right to receive inheritance. In the Mandailing customary inheritance law in Sipirok Mandailing Natal, the position of a daughter is considered as an heir when a male heir is found, but if the girl is a mere woman, the woman is not entitled to inheritance from her parents. The distribution of inheritance in the Mandailing Inheritance law in Sipirok Mandailing Natal uses local customary law, as a basis for the distribution of inheritance which is still being realized in the Community.

scholarly journals Communication Models of Local Self-Government as a Subject of Modern Russian Policy (Based on Local Self-Government Bodies of the Republic of Tatarstan)

2021 ◽  
pp. 246-254
Author(s):  
Galina Morozova ◽  
◽  
Diana Fatikhova ◽  
Elmira Ziiatdinova ◽  
◽  
...  
Keyword(s):  
Social Media ◽  
Local Government ◽  
Public Relations ◽  
Russian Federation ◽  
Local Governments ◽  
Local Authorities ◽  
Symmetrical Model ◽  
The Russian Federation ◽  
The Republic ◽  
The Government

Introduction. The article presents the results of a study of communication in the system of local self-government of the Republic of Tatarstan as a subject of the Russian Federation conducted by the authors in November – December 2019. The study included a survey of representatives of regional media and press services of local authorities of the Republic of Tatarstan in order to determine the model of communication in the local government system and the role of PR-activities in the regulation of social interaction in the region. Methods and materials. The main method of studying was the method of expert survey. The authors developed a questionnaire, which was used during an interview with experts. When choosing an expert – a media representative for the interview – the authors took into account three factors: the rating of the represented media, the experience of the respondent in the regional media (at least five years) and the authority to make a key decision on the publication of the material. In order to identify the experts who are representatives of local self-government bodies, the authors of the article determined the following criteria: implementation of information and analytical activities in the structure of local self-government bodies, at least 5 years of experience as a head of a structural unit (public relations / media relations department) of local self-government bodies. Analysis. The analysis showed that the development of social media accelerates the process of establishing a two-way model of communication between the government and the public. Social media have become a full-fledged source of information both for the journalistic community and for the press services of local governments. Moreover, with the help of the content posted in posts on official accounts on social networks, local governments can attract residents of the municipal territory to participate in solving local issues. Constant monitoring, responding to comments, tracking negative content on social media are becoming everyday practices in the work of press services. Results. The results of the study indicate that over the past decade in the Russian Federation the necessary prerequisites have been formed for the formation of a bilateral symmetrical model of communication between local authorities and the population. This model is aimed at providing effective feedback that allows the local government to quickly respond to the aspirations and needs of the population, monitor their dynamics, constantly monitor the attitude and assessments of citizens of decisions made on the development of the city or region.

scholarly journals State responsibility for damage caused by unfair sentence or unfounded arrest

2013 ◽  
pp. 653-665
Author(s):  
Natasa Mrvic-Petrovic ◽  
Zdravko Petrovic
Keyword(s):  
Human Rights ◽  
The State ◽  
State Responsibility ◽  
Legal Basis ◽  
Criminal Proceedings ◽  
General Rules ◽  
Legal Nature ◽  
Protection Of Human Rights ◽  
The Republic ◽  
The Right

The legal basis of state responsibility for damage caused by unfair sentence or unfounded arrest is the need to protect fundamental human rights and freedoms guaranteed by the Constitution and generally accepted international rules. The right to compensation on this basis (although subjective civil right) has a sui generis legal nature, because it is connected with the protection of human rights. Joint public-private legal nature of such a request is expressed in the legislation of the Republic of Serbia, because the circle of authorized persons and the conditions under which they may be entitled to compensation is determined by the criminal procedural rules, while the existence of a legally recognized forms of damage and the extent to which the damage may be reimbursed is estimated according to the general rules of Law of obligations. While the legislation is very progressive, it is observed that, in practice, the applications for compensation are usually submitted because of the most unreasonable detention of up to one month or three months, and the inefficiency of the criminal proceedings, suspended upon the expiration of the absolute limitation of prosecution. The state could easily affect these practices. Also, the priority of state must be meeting its financial obligations with regard to final adjustments, and the imposition of demands for compensation.

scholarly journals THE DIVISION OF EXECUTIVE POWER BETWEEN THE PRESIDENT DE LA REPUBLIQUE AND THE PREMIER MINISTRE IN FRANCE UNDER THE CONSTITUTION OF THE FIFTH FRENCH REPUBLIC

2020 ◽  
Vol 5 (2) ◽  
Author(s):  
Nayli Suroya
Keyword(s):  
Qualitative Research ◽  
Research Methodology ◽  
Prime Minister ◽  
Executive Power ◽  
Historical Approach ◽  
French Government ◽  
Qualitative Research Methodology ◽  
The Republic ◽  
The Right

This article explains the development of the French government system and the division of executive power between President de la République and Premier Ministre after the change from the fourth constitution to the fifth constitution of the republic. This research applies a qualitative research methodology using a historical approach. The results of this study show that France is one of four countries implementing a mixed government system. The President and the Prime Minister, who are the executive authorities, should both lead the country. The role of the President and the Prime Minister may seem similar, but it is not the same. The President has the authority to elect the Prime Minister. Based on article 8 of the fifth constitution, the President has the right to elect and appoint the Prime Minister and terminate him/her if the concerned person declares his/her resignation from his/her government.

scholarly journals Perlindungan Hukum bagi Pekerja Paruh Waktu dalam Keselamatan dan Kesehatan Melalui Program Jaminan Sosial Tenaga Kerja

2021 ◽  
Vol 2 (2) ◽  
pp. 406-411
Author(s):  
I Kadek Surya Juliarnawa ◽  
I Puru Gede Seputra ◽  
Ni Made Puspasutari Ujianti
Keyword(s):  
Social Security ◽  
Health And Safety ◽  
Legal Protection ◽  
Operating Costs ◽  
Legal Basis ◽  
Time Work ◽  
Part Time ◽  
The Republic ◽  
Case Part ◽  
The Right

Nowadayas, the increasing of economic growth requires individuals to try to make ends meet. The employment relationship between the business owner and his workers is regulated in a work agreement. In the current covid-19 pandemic, many companies are implementing part-time work to reduce company operating costs. This research examines two main problems, namely the regulation of health and safety laws for certain time workers, and legal protection of social security for certain time workers. Normative legal research is used in this research by examining problems based on the applicable legal basis in the form of statutory regulations and supported by theories from experts. The results showed that the legal basis regarding health and safety for part-time workers is regulated in Article 99 paragraph (1) of Law no. 23 of 2003 concerning Employment which regulates that every worker and his family has the right to obtain employment social security. Then, employment social security is regulated in Law no. 40 of 2004 concerning the National Social Security System (SJSN) and Law no. 24 of 2011 concerning BPJS. The implementation of social security is based on simultaneous efforts that are family and mutual in nature according to the mandate of the Pancasila and the 1945 Constitution of the Republic of Indonesia. Based on the research results, it can be concluded that in this case part-time workers do not really understand the protection of their rights as workers within a certain period of time.  For this reason, this regulation on the protection of workers should be further disseminated to workers and business actors so that workers can obtain their rights in accordance with applicable regulations.  

scholarly journals Analisis Kebijakan Peraturan Daerah Yang Mengandung Materi Muatan Ajaran Islam Di Kota Palembang

2018 ◽  
Vol 18 (2) ◽  
pp. 147-166
Author(s):  
Kiki Mikail
Keyword(s):  
Local Government ◽  
Common Good ◽  
General Rule ◽  
Free Variable ◽  
Regional Government ◽  
Descriptive Research ◽  
The Republic ◽  
The Right ◽  
Article 5 ◽  
Made In

This research is analytical descriptive research. This study places policy analysis and as the main and free variable that will influence the process of establishing a Regional Regulation as a dependent variable. In article 5 of the Republic of Indonesia Constitution states that the regional government has the right to determine regional regulations or other regulations in order to carry out regional autonomy.The local government of Palembang has issued three local government regulations that have Islamic sharia laws, namely regional regulation number 2 of 2004 concerning the eradication of prostitution, regional regulation number 11 of 2006 concerning the prohibition of circulation and sale of alcoholic products and local regulations on zakat. in order to be right on target and more effective, some variables need to be considered by Palembang stakeholders so that the Regional Regulations that are stipulated are not just legality, but more than that it must be a general rule that all local regulations are made in order for the common good Palembang community. Keywords : Political Analys, local goverment regulations, local autonomy, the politics of sharia law

LEGAL COMMENTS IN RELATION TO THE LATGALIAN WRITING LANGUAGE AS A HISTORICAL VARIETY OF LATVIAN

Via Latgalica ◽  
2012 ◽  
pp. 116
Author(s):  
Agris Bitāns
Keyword(s):  
Foreign Language ◽  
Legal Status ◽  
The State ◽  
Official Language ◽  
Legal Basis ◽  
Literary Language ◽  
Local Authorities ◽  
The Republic ◽  
Language Law ◽  
Formal Communication

<p>The paper is aimed at provision of legal assessment of the Latgalian language as a variant of Latvian, using mainly the analytical and historical method.</p><p>Notwithstanding the fact that the Official Language Law recognizes that the Latgalian language is a variant of the Latvian language, there is no absolute clarity with regard to the status of this language and its practical use in formal communication. Also the attitude from public authorities is inexcusably inappropriate – as far as declaring the Latgalian language to be a foreign language. However, from historical point of view the Latgalian language was recognised and applied in official communication, including also judicial proceedings, in Latgale.</p><p>Positive evaluation has to be given to the discussion, which has been opened with regard to the Latgalian language and its legal status. It should be noted with satisfaction, that their significant contribution is provided also by Latvians from other regions, and edition of „Jurista Vārds” („Lawyer’s Word”), dated 25 October 2011, is a good confirmation. However, the practice is indicative that there is no clarity with regard to legal status of the Latgalian language and its practical use in formal communication. Currently existing approach of the approved establishments on Latvia results from historical prejudices and ignorance.</p><p>Existence of a number of languages as official state languages is nothing exceptional, and also the dialects or vernaculars may be constitutionally protected and their use can be defined. In evaluation of the constitutional framework also in other countries, a conclusion should be drawn that proper normative strengthening and daily use of the Latgalian language constitutes no threat to the official language. On the contrary, it could be a basis for raising confidence in Latgale, as well as in other regions. Linguistic diversity is the national cultural and historical heritage, which is worth a special appreciation and protection.</p><p>Although nomenclative designation of the Latgalian language (language of Latgale) should be specified, it is much more important to come to understand the content of this concept in order to clearly denote the language, which is spoken not only in the region of Latgale of the contemporary Latvia, but also beyond, preserving for the language its historic roots.</p><p>The Latgalian language was recognized to be one of the cornerstones in foundation of the Latvian state when the Latvian state was founded, and it was consistently respected also after the Republic of Latvia was proclaimed. In the normative field forgetting or disregarding of the Latgalian language has started to be present only after K. Ulmanis’ coup, while depriving the Latgalian language of its legal status and regulation.</p><p>With the Official Language Law the Republic of Latvia in a normative way has demonstrated its special attitude towards the Latgalian language. The State has determined not only to protect and at the same time to regulate the Latgalian language, but has assumed even larger active obligation to maintain and to develop the Latgalian language.</p><p>There are neither legal nor linguistic or logical grounds to declare the Latgalian (Latgale) language (not to say the dialect!) to be a foreign language. The claim that the Latvian literary language is the only one to be recognized as the official language would have to be considered erroneous, because it has no normative basis. Latgalian language meets all requirements for a literary language, i. a., it has approved orthography rules in accordance with the laws and regulations of the Republic of Latvia.</p><p>Conclusions made by the decision of Senate in case No. A42571907 S–596/2009, dated 18 August 2009, cannot be construed to be legitimate, because these are not only discrepant with legal method, but also clearly contrary to the logic. Declaring the Latgalian language, as well as any dialect to be a foreign language causes great damage to statehood of Latvia, first of all, to the local self-confidence.</p><p>There is no legal basis to prevent contacts with governmental and local authorities in any vernacular or dialect of Latvian, still less there is a legal basis to limit communication in officially recognised variant of the official language – Latgalian (of Latgale) language.</p><p>The State in the nearest future should enforce in practice the obligation undertaken by the Official Language Law – „maintenance, protection and development of the Latgalian written language as a historic variant of the Latvian language”. Including practical use of the Latgalian language as a variant of the Latvian language should be ensured in communication with governmental and local authorities in the Republic of Latvia according to the existing law. The State should ensure obligations undertaken by the Official Language Law and should guarantee possibilities to apply to the authorities with a document, drawn up in Latgalian. However, the State should not confine itself only to provision of the document circulation in Latgalian, but it should also carry out a series of other real activities, including allocation of necessary funds from the State budget in order to maintain, to protect and to develop the Latgalian language.</p>

scholarly journals Sądowa ochrona samodzielności finansowej jednostek samorządu terytorialnego przed rozstrzygnięciami nadzorczymi regionalnych izb obrachunkowych

2019 ◽  
Vol 17 (1) ◽  
pp. 77-89
Author(s):  
Jadwiga Glumińska-Pawlic
Keyword(s):  
Local Government ◽  
Financial Management ◽  
Financial Independence ◽  
Legal Supervision ◽  
Open Issue ◽  
The Republic ◽  
The Right ◽  
Judicial Protection

Financial independence of territorial self-government units means performing important public tasks in the field of financial management on their own behalf and with their own responsibility in terms of aspects related to income and expenditure, and implementation of financial management. In this regard, the Constitution of the Republic of Poland guarantees the units the right to have cases heard before the court whenever their independence is threatened by someone else’s actions or in situations leading to removal of the effects of a specific violation that has already occurred. Nevertheless, the issue related to the independence of local government units, including financial independence and related judicial protection, as it can be seen, still remains an open issue. It should be emphasized that the legislator, expressing the unambiguous intention of protecting the independence of territorial self-government units, provided them with institutional legal supervision, but within defined limits.

scholarly journals Komisi Pemberantasan Korupsi Menjadi Objek Hak Angket Dewan Perwakilan Rakyat (Analisis Yuridis Terhadap Putusan Mahkamah Konstitusi Nomor 36/PUU-XV/2017 Dan Undang-Undang MD3)

SASI ◽  
2020 ◽  
Vol 26 (1) ◽  
pp. 75
Author(s):  
Paman Nurlette
Keyword(s):  
House Of Representatives ◽  
State Institution ◽  
The State ◽  
Executive Power ◽  
Constitutional Court ◽  
State Budget ◽  
The Republic ◽  
The Right ◽  
Two Sides ◽  
System Today

The style of building our constitutional legal system today is very varied, it has implications for the shifting functions and rights of the State organs including the State organs of the Republic of Indonesia House of Representatives. To understand the conception of the functions and rights of the organs of the Republic of Indonesia Representative Council (DPR RI), it is seen as two sides of a coin (two sides of one coin). The DPR RI's inquiry right is a supervision that must be carried out on policies implemented by the executive. The KPK is an organ that is within the executive family, because it carries out investigations, investigations and prosecutions of corruption cases, such as those carried out by the Prosecutors' Office and the Police. Thus if the KPK is referred to as part of the judiciary. The task of investigation, investigation and prosecution is the task of the executive, not the legislative and judiciary. In addition, the KPK has been an institution that uses the State budget, so it should be overseen by the DPR. if the DPR cannot exercise the right to question the KPK on the grounds of independence. The reason is, it is not right to refuse the right to question the KPK. With the decision of the Constitutional Court (MK) in the main essence of the decision which positions the KPK in institutions that are in the realm of power, the executive for carrying out the task of investigation, investigation and prosecution in corruption, which is actually the same as the authority of the police and prosecutors. The KPK is a state institution that is within the executive power cluster, so the KPK can be the object of using the DPR's questionnaire right as the people's representative who carries out the supervisory function. But the use of the questionnaire right by the DPR cannot be applied in the case that the KPK is carrying out its investigative, investigative and prosecution tasks. This means that the KPK cannot be carried out while the KPK is carrying out its duties.

Budżet Obywatelski Miasta Krakowa... jako przykład realizacja demokracji deliberatywnej

2021 ◽  
Vol 25 (325) ◽  
pp. 98-118
Author(s):  
Przemysław Łukasik
Keyword(s):  
Civil Society ◽  
Local Government ◽  
Public Space ◽  
Deliberative Democracy ◽  
Social Institution ◽  
Local Authorities ◽  
History Of ◽  
Participatory Budget ◽  
The Subject ◽  
The Right

The history of participatory budget (PB) in Poland is less than 10 years old. The occurrence of PB was to raisethe local government to a higher level of civil society by introducing so-called deliberative democracy. Forsome contemporary political thinkers, what defines politics is intersubjective dialogue conducted by citizensin an open and public space. Deliberative democracy is characterized by: a) elementary competences of theparticipants who have to become acquainted with the material concerning the issue concerned b) the needto formulate their position, which is the result of reflection, reflection on the issue c) civic debate where allproposals have the right to be presented, argued and discussed. The subject of this paper is the civic budget,also referred to as participatory budget (both names are often used interchangeably) as an expression of thewillingness of citizens to allocate funds that are available to local authorities. Editions of the citizens’ budgetin Krakow between 2014 and 2019 were analysed, the procedure and functions of this social institution wereshown.

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